An unexpected slip or fall can cause victims to sustain serious injuries. Were you injured in a slip and fall accident? A New York City slip and fall lawyer can help you fight for the maximum compensation for your injuries. Contact the Law Offices of Brian J. Elbaum today.
Slip and Fall Lawyer Serving Clients in New York City
Many slip and fall incidents aren’t mere accidents. They were caused due to unsafe conditions at the property where the accident occurred. Improper lighting or signage, slippery/icy floors and walks, and improper railing are all leading causes of slip and fall incidents.
Slip and fall accidents may seem harmless, but the truth is, these accidents are often the cause of serious injuries. From broken ribs and neck injuries to traumatic head injuries, a slip and fall can have devastating consequences for victims.
If you were injured due to someone else’s negligence, you may be entitled to compensation. Our New York City personal injury attorney wants to help. We have deep experience with New York’s property safety laws, and we can help you fight for the maximum compensation you rightfully deserve. Your focus should be on recovery after an accident – not fighting insurers. We’ll help you manage the entire legal process, so you can focus on recuperation.
Our Premises Liability Services
The Law Offices of Brian J. Elbaum handles a wide array of premises liability claims on behalf of our clients, including the following:
- Stairway Accidents
- Apartment Accidents
- Defective Elevators
- Parking Lot Accidents
- Sidewalk Accidents
- Grocery Store Accidents
What Was the Cause of Your Slip and Fall Accident?
Public and private property owners are responsible for the safety of their guests. They’re required to warn visitors about unsafe conditions, conduct maintenance to remedy unsafe conditions and ensure that visitors stay away from dangerous areas.
Unfortunately, some property owners don’t take the necessary steps to protect visitors. That negligence can have life-altering consequences for victims. Often, the majority of cases are caused by negligence. A few common examples include:
- Wet floors
- Lack of handrails
- Unstable conditions
- Obstructions in the walkway
- Unsafe or improper lighting
- Failure to provide proper signage
- Icy walks and slippery floors
- Missing handrails/guardrails
A qualified New York City slip and fall lawyer can help you investigate the conditions that caused your accident and determine fault in your case.
Comparative Negligence in Slip & Fall Cases
New York has complex slip and fall laws. In fact, property owners can argue for shared fault to limit the amount a victim can recover. For example, under the comparative negligence law, a property owner can argue that you share some of the blame for an accident, and therefore, they should not be required to pay the maximum amount you are rightfully owed.
A few examples of comparative negligence arguments include:
- You were distracted when the accident occurred
- You were in an unauthorized area of the property
- You were not wearing proper footwear
- Reasonable efforts were made to warn you of unsafe conditions
- You failed to recognize an obvious unsafe condition
Under comparative negligence, a property owner can argue that you share a percentage of the blame. For example, if a jury finds that you were 50% at fault in an accident, you would be awarded just 50% of the settlement amount.
That’s why it’s important to hire an experienced slip and fall lawyer. The best lawyer will help you investigate your accident and build a strong case to show that you shared none of the fault in the accident. General personal injury lawyers do not have the specialized knowledge of slip and fall cases that can give you the edge you need in the courtroom.
What to Do After a Slip or Fall Injury
In the immediate aftermath of a slip and fall, you may be severely injured, in shock, and unsure of what to do. There are several steps you can take to protect your safety. We recommend that you:
- Seek Medical Care – Call 911 and seek medical treatment. Head injuries are one of the most common types of injury after a slip and fall. Victims who suffer a head injury may feel “fine,” but within 12 hours, their conditions can deteriorate quickly. That’s why it’s so important to seek care as soon as possible.
- Collect Evidence at the Scene – Take photos and videos of the scene, if you are able to. Also, collect contact information for any witnesses. You may also want to record your injuries, if possible.
- Report the Accident – If you are able to, report the accident immediately to the property owner, landlord, or facility manager. Ask the point of contact to put into writing an incident report that includes times, and dates and request a copy.
- Do Not Make Statements – You should limit your communication with the property manager, as well as avoid putting details on social media. You may feel inclined to contact insurers, or you may hear from the property’s insurer. In both cases, it’s important to decline statements until you’ve talked with an attorney.
- Contact a Lawyer – In New York, victims have three years to file a slip and fall claim. That’s why it’s important to contact a qualified lawyer as soon as possible. Your lawyer can help you file claims and fight for compensation.
Compensation Available to Victims
After an accident, you may experience new financial and physical challenges. Financially, you may struggle to pay for medical and rehabilitation costs. And physically, you may have recurring pain, disability, or emotional distress.
Victims can fight for compensation to pay for financial and non-financial costs related to their accident. There are two types of damages a victim can claim:
Compensatory Damages: This form of compensation pays for any direct costs related to your slip and fall accident. You can file claims for:
- Medical costs, medical equipment
- On-going care
- Disability
- Pain and suffering
- Emotional distress
- Lost wages or lost earning capacity
Punitive Damages: If your case goes to trial, you can be awarded punitive damages. This is a form of financial punishment for at-fault property owners, in cases of gross negligence or malice. Punitive damages are awarded on top of any compensatory damages you are awarded.
Request a Free Case Evaluation
A slip and fall can be a scary and traumatic experience. You shouldn’t try to fight for compensation on your own. A New York City slip and fall lawyer can help you fight for the compensation you deserve. We want to help. Contact the Law Offices of Brian J. Elbaum now for a free, no-obligation case review.
